On the other hand he was subordinated to the Command Staff in Serbia and received his directives concerning problems of the security of the country from the Commander in Chief Southeast (High Command Army Group F).......
A basic change, politically and militarily, was caused by the surrender of Rumania on 23 August.
..........
The Senior SS and Police Leader Serbia was charged with the security of the Banat. For this purpose, he had only two German Police Battalions available besides the Emergency Units of the Luftwaffe and Waffen SS. He fulfilled this task without enemy pressure until the 4th SS Panzer Grenadier Division - brought up Greece and subordinated immediately to Army Group F - was committed from the Northern Banat for an attack on Temeschburg."
I think we may skip from there, Your Honor, to page 145 of the English, 110 of the German, the middle of the page:
"The evacuation of 20,000 foreign workers, 12000 wounded and several hundred Reich German Specialists was made possible by the liberation in battle of Zajecar and the road to Bor. Since no more transport possibilities existed, the plant stopped production.
"The development of the situation caused the administrative tasks of the Military Commander Southeast to recede into the background. Even the transfer of the "executive power" after the "Nedic" Government had left for Germany, had no practical significance. However tactical tasks came completely to the fore. Consequently, the order of Commander in Chief Southeast of 6 Oct. with simultaneous change of Chief of Staff eased the burden on the Operation Staff.
The Operation Staff was renamed "Army Unit Serbia (Military Commander Southeast". Corps Headquarters F.W. Muller, Commanding South of the Danube and Corps Headquarters Schneckenburger, Commanding North of the Danube were subordinated to it at that time on the East Front."
There are two signatures on the document, "Freiherr v. Weichs, Field Marshal, and Felber, Lt. General of Infantry."
DR. LATERNSER: Your Honor, may I ask how on page 109 of the German document book, and on page 144 of the English Document book, the words: "in Frangen der Sicherung des Landes" are translated?
May I request that this sentence be submitted to the interpreters for checking the translation?
The sentence in question is on page 144 of the English document book.
PRESIDING JUSTICE BURKE: At this time the Tribunal will stand in recess for 15 minutes.
(In recess until three twenty)
THE MARSHAL: The persons in the Courtroom will be seated.
The Tribunal is again in session.
DR. LATERNSER: Your Honor, just before the recess, I asked that the expression contained on page 144 in the English Document Book in the second paragraph, the last sentence there, should be retranslated.
PRESIDING JUDGE BURKE: That may be done.
THE INTERPRETER: Page 144 of the English Document Book, the sentence reads: "On the other hand, he was subordinated to the Command Staff in Serbia and received his directives concerning problems of the securing of the country from the Commander in Chief Southeast, High Command Army Group F." That is the end of the sentence.
DR. LATERNSER: If I understood correctly, the English text now has been changed, the word "security" has been changed to "securing". Is that correct?
THE INTERPRETER: That is correct.
DR. LATERNSER: In this connection, may I point out that a short time ago, I had moved that the words "Sicherheit" and "Sicherung" should be translated by the Chief of the Translation Branch. The answer has so far not been received.
PRESIDING JUDGE BURKE: Has the prosecution any explanation for the delay?
MR. FENSTERMACHER: I don't think the prosecution understood that it was its duty to forward Dr. Laternser's application, your Honor.
PRESIDING JUDGE BURKE: Has the application been forwarded?
MR. FENSTERMACHER: We have had no notice of any written application to that effect.
DR. LATERNSER: Your Honor, I am now being advised that this motion has to be put in writing. I shall do that. Up to now, I had assumed that motions made during the proceedings would be transmitted by the General Secretary to the competent authority.
However, now I shall put this motion in writing.
PRESIDING JUDGE BURKE: I should think it would be to the interest of all concerned that a simple matter of an honest translation for the Tribunal could be procured by the cooperation of all parties interested in this: counsel for defense, counsel for prosecution, and the interpreter. I should suggest that it be done without further formality and without further delay.
The Tribunal desires to offer the following suggestion for the record with respect to the application made on behalf of the defendant Felmy with the request that certain interrogatories be sent to Bishop Spiridinos in Greece.
The ruling previously made by the Tribunal in respect to a similar application on the part of other defendants and after considering the objections made on behalf of the prosecution, the same ruling will be made for the same reasons and the interrogatories may be forwarded for answer. A formal order by the Tribunal will be written and filed with the Secretary General.
You may proceed.
MR. FENSTERMACHER: Your Honor, the lists which go at the end of Document Book 24 being a list of the documents, the exhibits and the counts of the indictment with which they are offered, and the defendant in connection with which they are offered are now ready for distribution. Three copies to your Honors.
PRESIDING JUDGE BURKE: They will be marked for identification by what number, Hr. Fenstermacher?
MR. FENSTERMACHER: Since the last document in Document Book 24 was Exhibit 555, your Honor, this should be marked Exhibit 555-A for identification. The page numbers in the English Document Book will be page 255 and 256, and in the German Document Book page 187 and 188. There is also an addendum to Document Book 24 which will take care of those documents which were submitted at the end of that book, and I now pass a similar list to your Honors containing the material and table on that list. I will pass 24 copies to defense counsel and copies to the Secretary General, court interpreters and court stenographers. This addendum, if your Honors please, should be marked 555-A/1 and is page 257 in the English and page 189 in the German.
There is just one further document which prosecution would like to submit at this time.
DR. LATERNSER: Your Honor, since the prosecution has finished Document Book 25, I ask to be allowed to put a question which has been touched already at an earlier time. I would like to ask what now has become subject of the proceedings with respect to Document Book 25 and even generally speaking.
The parts that have been read -- have only those parts become subject of the proceedings or the whole document book? The answer to this question is very important for the preparation of our defense.
PRESIDING JUDGE BURKE: It is the opinion of the Tribunal that the entire document whether translated or not is submitted for the consideration of the Tribunal and for the defense counsel.
DR. LATERNSER: Your Honor, not only then the total contents of a document book but beyond that the Exhibit becomes subject of the proceedings -- that is, the exhibit that the prosecution has submitted, even if it hasn't been completely translated.
PRESIDING JUDGE BURKE: That is correct.
DR. LATERNERS: Thank you very much.
DR. FRITSCH: Your Honor, in this connection, may I ask a favor? Unfortunately, in recent days -- maybe that is because of a technical disturbance. We do not receive photostats of the documents. According to what Dr. Laternser has just mentioned, the following would result. Those documents are submitted to the General Secretary are not in verbal agreement with what is contained in the German or English Document Book. Therefore, at least we should be in a position to have the text just as it is submitted to the General Secretary, but I believe it will not be technically possible, your Honor, that we ask the General Secretary to put at our disposal exhibits which have been given to him; and therefore I would like to ask the prosecution to let us have at our request photostats of those exhibits which they have submitted.
MR. FENSTERMACHER: If your Honors please, it has always been my understanding that there is a copy of each document which is put into evidence by the prosecution always available at the defense information center. Now if that procedure has not been honored, prosecution will certainly investigate it but I know that just two or three weeks prior to the indictment, practically all of the documents which the prosecution intended to submit in its direct case were given to the defense information center.
PRESIDING JUDGE BURKE: I think that is the information that has been conveyed to the Tribunal from time to time. At least, that is the impression that I have had of it.
DR. FRITSCH: Your Honor, that is how it used to be earlier on, but I just permitted myself to point out that there have been difficulties in this respect, and therefore since we have only now a comparatively short period at our disposal -
PRESIDING JUDGE BURKE: I am waiting for the interpretation for the last minute or so.
DR. FRITSCH: Your Honor, that has been so up till now but, recently there have apparently been technical difficulties. Therefore, I put this request, that the prosecution should try to help us and overcome and solve these technical difficulties. At the present time, I do not receive any photostats.
MR. FENSTERMACHER: If your Honors please, prosecution will be very glad to investigate and see that a copy, a photostatic copy of every document which the prosecution has introduced as part of the direct case is placed in the defense information center for the use of defense counsel.
PRESIDING JUDGE BURKE: It was the information of the Tribunal that such a course had been followed and it must be followed if it has not.
DR. SAUTER: Your Honor, maybe I can explain this difficulty. Generally, it is handled the way the prosecutor explained it. That is, one photostat comes to the defense information center and is then at the disposal of the defense. Now, about ten days ago, there were difficulties. I couldn't ascertain why, but all of a sudden we were told that these photostats could only be looked at at the office of the defense administrator and I protested against this and I demanded that we should be allowed to take the photostats with us because quite often we had to show them to the defendants so that their signatures or other people's signatures could be glanced at and identified.
In answer to my request, this has been rectified and now we receive these documents.
If my colleague shakes his head, that is to be explained by the fact that always only one photostat is at our disposal but the majority of the defense counsel has an interest to look at this one photostat or show it to their clients. Now if, for instance, I have this photostat and another one of my colleagues gets it afterwards, then the fifth or sixth or seventh colleague gets into the awkward situation at a time when he requests the document it is not available.
That follows from the fact, of course, that there are about ten defense counsel and only one photostat. That is what I wanted to say in order to inform the Tribunal about the actual facts.
PRESIDING JUDGE BURKE: If it is a matter of cooperation which will result in the fair distribution in the use of the photostat, I should think it might easily be arrived at; if it is a matter of cooperation on the part of the Prosecution. I'm sure there should be no hesitation in affording that cooperation because after all what the Tribunal is interested in ultimately is the determination of the facts on the basis of evidence fairly and justly presented. You may proceed.
MR. FENSTERMACHER: As the final document which the Prosecution offers, we offer Document NOKW 1898 as Prosecution Exhibit 584. This is a very voluminous document but I believe highly readable and very valuable and most interesting report, written by the Chief Counsel of Army Archives, Ernst Wisshaupt, by order of the Chief of the General Staff. The title is "The Combatting of the Insurgent Movement in the Southeast Area," and the document which we have, the only document which we could find in regard to this, is part 1, June 1941 to August 1942. We do not know whether there was a second part. If so we have been unable to find such a succeeding part. The first part of the work comprises pages 1 to 247, 1 outline map, and sketches. The work is to serve as a basis for a future historical documentation. It is secret material, only to be used in line of duty and is subject to the orders regarding security."
Your Honors will note the stamp of the Commander in Chief Southeast, High Command Army Group F, 1 February 1944 on the first page of the document.
PRESIDING JUDGE BURKE: Do you wish to designate it as a new document number or new book number?
MR. FENSTERMACHER: I should suggest giving it a new document number which would be 584 and it comes at the end of course of Document Book XXV.
PRESIDING JUDGE BURKE: Is it a part of Document Book XXV in that respect?
MR. FENSTERMACHER: Yes, it could be considered an addendum to Document Book XXV. The first 75 pages of the report are of the most importance from the Prosecution's standpoint but the whole document gives a very revealing picture of political and military events in the Southeast area from the period which the report covers that is June 1941 to August 1942.
PRESIDING JUDGE BURKE: Mr. Fenstermacher, has the photostat of the original been made available to defense counsel?
MR. FENSTERMACHER: I am not sure about that your Honor. It is a terribly voluminous job to photostat this long report and I am told in the last week or two there has been quite a shortage of photostat paper in the photostat room but there is a standing order that all documents which we would -
PRESIDING JUDGE BURKE: Noise, hammering outdoors. The competition is rather keen Mr. Fenstermacher.
MR. FENSTERMACHER: The Prosecution has a standing order with the document room that any document which it sends up to it for a document number should be photostated immediately. I am not sure precisely whether this was done in this particular case. If it was not it was probably because of this shortage of photostat paper but I shall check on it and see that it is furnished the defense as soon as possible.
PRESIDING JUDGE BURKE: Will that arrangement be satisfactory to you, Dr. Laternser? Dr. Laternser has indicated that that will be satisfactory to him. You may proceed.
MR. FENSTERMACHER: With your Honors permission I should begin to read the first few pages of this document. I don't know how far I will be able to get but I think it is all highly readable and most interesting and most relevant.
PRESIDING JUDGE BURKE: Were you anticipating the privilege of reading the entire document?
MR. FENSTERMACHER: No, I was asking simply if I might read the first 20 or 25 pages which I believe I can finish before 4:30.
PRESIDING JUDGE BURKE: Very well. Will we complete the assignment today?
MR. FENSTERMACHER: Yes, your Honor, that will complete the Prosecution's direct case, your Honor.
PRESIDING JUDGE BURKE: Very well, you may proceed. It has been intimated to me by my distinguished colleague that ultimately we will read it ourselves; we might save you the time and save ourselves the necessity of listening to repetition on it.
MR. FENSTERMACHER: Very well, your Honor.
JUDGE CARTER: Unless it is your thought that what you are planning to read is all we should look for in the case.
MR. FENSTERMACHER: I'm afraid not; I am afraid I will have to ask your Honors to read all of it. I simply wanted to read the introduction to give you the framework, and if there are any questions that you had they could be answered at this time but I am perfectly willing to let it go by the board.
PRESIDING JUDGE BURKE: I think we will concur in your request to consider that we will read it ourselves.
MR. FENSTERMACHER: Very well, your Honors. I think then your Honor that completes the Prosecution's direct case. We intend to present during the next succeeding days, as soon as they are typed and mimeographed, a list with the counts, with the document numbers and exhibit numbers, counts of indictment and defense against whom the documents are offered, for Document Book XXV, and we are also preparing individual lists for each of the individual defendants, giving a list of the documents which were offered against each defendant, their exhibit number and the counts of the indictment with respect to which they were offered. They will be ready I think in two or three days and we can either distribute them to the defense counsel and your Honors at that time or hold off offering them until we reconvene.
PRESIDING JUDGE BURKE: It is the opinion of the Tribunal that they should be given to the defense counsel as soon as they may be properly prepared.
MR. FENSTERMACHER: Very well, we will do that your Honor.
PRESIDING JUDGE BURKE: We assume you are referring to the additional pages usually included at the end of the each of document books.
MR. FENSTERMACHER: That is correct, your Honor, for Document Book XXV and we are making individual lists, dividing the documents and the exhibit numbers for each individual defendant.
PRESIDING JUDGE BURKE: And they will be furnished to the counsel for the defendants?
MR. FENSTERMACHER: Yes.
PRESIDING JUDGE BURKE: Very well.
MR. FENSTERMACHER: Your Honors, the Prosecution Rests.
PRESIDING JUDGE BURKE: The record may show that the Prosecution has rested.
(PROSECUTION RESTS)
DR. LATERNSER: Your Honor, the Tribunal will surely understand that the defense has the wish to clarify one particular point. I am asking to have the Prosecution explain when or if at all the two delegates of the defense will be allowed to make their trip or whether the Prosecution intends to carry out point 2 of the ruling and get the material required here to Nurnberg. The defense wishes to have this particular point clarified so that it knows where they stand.
JUDGE WENNERSTRUM: Mr. Fenstermacher, does the Prosecution have any comment on that?
MR. FENSTERMACHER: If your Honors please, I know that a copy of all the incomplete documents which the Prosecution offered as a part of the direct case was sent to the proper authorities in the War Department in Washington, D.C. We have not yet heard from them. We do not know whether they have begun the task of photostating this material or not but in that regard we have done everything that is possible from the Prosecution's standpoint at this end. With respect to the trip of the defense representatives to Washington: I know the matter has been taken up with Military Government authorities in Berlin and we are awaiting their opinion in that respect but again the Prosecution has taken all the procedural steps from this end which it has been possible to do so up to this time.
JUDGE WENNERSTRUM: I might state that I was advised during the recess by Mr. Denney that he had written two or three letters within the last three or four days to the War Department, that there has been also several cablegrams sent to the War Department by the office of the Chief of Counsel for War Crimes here in Nurnberg, particularly by Mr. Denney, that also there has been cablegrams sent by the Legal Department at Berlin and as yet there has been no definite reply from Washington. The matter is apparently receiving attention. Now as to what course will be followed Mr. Denney does not know. It is quite possible that they may bring the documents over here to Nurnberg by special courier and if that course is followed then that will meet the requirements of the ruling heretofore made. If that isn't followed then we can either send one or two representatives of the defense there or take the effect of the third alternative of the ruling. But, there has been very several letters and a number of cablegrams sent within the last three or four days.
DR. LATERNSER: Your Honor, I would like you to ask the Prosecution approximately when we can count on the arrival of the material which they have requested.
JUDGE WENNERSTRUM: I think it will be almost impossible to answer that question, Dr. Laternser. From personal experiences with the War Department I would say that it would not be too prompt.
JUDGE CARTER: I do think, Mr. Fenstermacher, at your very earliest convenience you ought to tell them which method is to be pursued even though you can't give them the detail.
MR. FENSTERMACHER: We will certainly be able to do that.
JUDGE CARTER: The War Department ought to be able to make that decision without too much trouble and really it should have been done by now.
MR. FENSTERMACHER: We will certainly be glad to inform the defense as soon as we hear.
DR. LATERNSER: Thank you, your Honor.
PRESIDING JUDGE BURKE: Are there any further matters on behalf of the Prosecution?
MR. FENSTERMACHER: No further matters at this time.
PRESIDING JUDGE BURKE: The Tribunal will stand adjourned----
JUDGE WENNERSTRUM: Pardon me, Judge Burke, may I inquire as to whether or not there are any undisposed of applications or matters which have not received the attention of the Tribunal? I am asking this because we are adjourning for several days and I want to see that everything is taken care of before we leave.
MR. FENSTERMACHER: The Prosecution knows of no such matters, your Honor.
JUDGE WENNERSTRUM: Are there any applications on behalf of the defense that have not received attention. I might say as far as everything coming to my desk is concerned, everything has been disposed of. There may be other matters not gone through the channels and received the attention of other departments but everything up to date that has been received by the Tribunal has been disposed of. Now if there is anything else we would like to know it.
DR. GAWLIK (Attorney for the defendant Dehner): Your Honor, I have requested a number of witnesses, and also made application for documents. I have received no decision in answer to this application. I don't know whether these applications are still pending, or whether a decision has already been made. I have only been in a position to make the application a few days ago because I have only recently taken over the case of the defendant Dehner.
JUDGE WENNERSTRUM: Mr. Denney was in my office during the recess and had several of the applications in his hand, and apparently there will be no objections on the part of the Prosecution and we shall endeavor to take care of those before we leave. Now, I might ask Dr. Gawlik whether or not these witnesses will all testify to the same matter or will they testify to different matters?
We do not want to bring a lot of witnesses on matters that will be purely accumulative.
DR. GAWLIK: Your Honor, they are going to testify to various matters, to various points of the indictment. I have endeavored never to call two witnesses to testify on the same point.
JUDGE WENNERSTRUM: Very well.
DR. SAUTER (Attorney for the defendants Lanz and von Geitner): About eight or ten days ago I sent in three questionaires for three witnesses in Greece on behalf of the defendant von Geitner. I have not requested the witnesses to come here because the distance is too great but I send in questionaires in the same manner as it was done during the first trial. These questionaires of the three witnesses were properly sent by me to the General Secretary. Whether this application has now been sent to the Tribunal by the General Secretary I do not know.
PRESIDING JUDGE BURKE: Dr. Sauter, I think I can save you some time and perhaps some time for the Tribunal. The request was forwarded to the Tribunal; the Tribunal has considered it; the Tribunal has acted favorably on it and the report of the Tribunal to the Secretary-General has been typed and it is in his possession, the same as that procedure followed in the case of the defendant Felmy, as announced in today's session. The objections of the Prosecution were overruled and your interrogatories should promptly be on their way.
DR. GAWLIK: Thank you, your Honor.
PRESIDING JUDGE BURKE: If there is nothing else, the Tribunal will stand adjourned until 12 September 1947, at 9:30 o'clock A.M.
(The Tribunal will recess until 0930 o'clock, 12 Sept 47)
Official Transcript of the American Military Tribunal in the matter of the United States of America against Wilhelm List, et al., defendants sitting at Nurnberg, Germany, on 15 September 1947, Judge Wennerstrum presiding.
THE MARSHAL: Persons in the Courtroom will please find their seats.
The Honorable, the Judges of Military Tribunal V.
Military Tribunal V is now in session. God save the United States of America and this Honorable Tribunal.
There will be order in the Court.
THE PRESIDENT: Mr. Marshal, will you ascertain if all the defendants are present in the Courtroom?
THE MARSHAL: May it please your Honors, all the defendants arc present in the Courtroom.
THE PRESIDENT: The Tribunal is advised that three of the eleven opening statements -- three or four of the eleven opening statements have been prepared and have been submitted to the Translation Department and are ready for delivery to this Tribunal. This Tribunal adjourned and was to convene on September the 13th. This is now September the 15th. The Tribunal finds no excuse for counsel not having their opening statements ready, prepared, submitted to the Translation Department and ready for delivery to this Tribunal.
We shall hear the three or four opening statements which have been prepared and are ready for delivery in their English translation and shall proceed then with the evidence as to those cases or defendants whose translations are completed.
I again wish to repeat that the Tribunal does not look with favor at this inconvenience on the part of defense counsel not to have their translations ready and submitted to this Tribunal at this time. We shall now proceed to the opening statements on behalf of the defense and for such defendants as there are translations completed and ready.
Mr. Denney, did you have some matter?
MR. DENNEY: If your Honors please, there is just one matter for the record with reference to the Geneva Convention of 1929 governing the treatment of prisoners-of-war and the Hague regulations with amendments, parts of which ---that is, the Hague regulations with amendments, parts of these have been read into the record.
I wonder if at this time it would be convenient for the Tribunal to indicate whether or not they desire that copies of these Hague and Geneva regulations be physically offered or whether the Court will judicially notice them and consider that as sufficient.
I believe all defense counsel are familiar with the regulations in question.
THE PRESIDENT: These matters to which you refer, Mr. Denney, are merely authorities for such guidance or interpretation as the Court may wish to make use of them in its final decision, and the Tribunal will take judicial notice of them and accept them as authorities and consider them in our final determination of the case.
Court No. V, Case No. VII.
MR. DENNEY: And it will not be necessary then to physically submit them?
THE PRESIDENT: It will not.
MR. DENNEY: Thank you, your Honor.
And Mr. Fenstermacher has several matters with reference to inquiries which the Court have made. I believe one with reference to a statement by an affiant which was offered as part of Exhibit 100-B in evidence, which he would like to clear up at this time.
THE PRESIDENT: Very well.
MR. FENSTERMACHER: If the Tribunal please, I have received this morning from the Yugoslav delegation a memorandum which I would like to read on the record, addressed to me from Lt. Col. Svonimir Ostric, Chief of the Yugoslav delegation attached to the Office of Chief of Counsel for War Crimes, dated Nurnberg, 13 September 1947.
"In connection with your inquiry, this delegation is informed by the Yugoslav War Crimes Commission in Belgrade, Yugoslavia, as follows:
"Kiesel, Dr. Georg, a high war adviser in Turner's staff in Belgrade, Yugoslavia, was by the Yugoslav Military Tribunal on 10 March 1946 in Belgrade, Yugoslavia sentenced to death. The death sentence has been carried out."
Signed, Chief of Yugoslav Delegation, Lt. Col. Svonimir Ostric.
I should like to hand Dr. Laternser a copy of this memorandum at this time. Your Honors will recall that an affidavit of Kiesel was introduced into evidence as part of Exhibit 100-B and that defense counsel then applied to have Kiesel brought here for cross-examination purposes.
During the period during which the Tribunal was in recess, the prosecution prepared and distributed to your Honors and to all of defense counsel lists of exhibits which were offered against each of the individual defendants and the counts of the indictment to which the exhibits and the documents pertained.
We also prepared and distributed to your Honors and to defense counsel a table of all of the exhibit numbers both in chronological order and in the order of the document number so that at any time if any of the interested parties know only the document number, they will be able to turn quickly to the precise exhibit number and vice versa.
THE PRESIDENT: Are defense counsel ready to present their opening statements?
DR. LATERNSER: Your Honor, I have been asked by my colleagues to ascertain which ones of the translations of the opening statements are available and ready and which ones are not. Is the General Secretary informed of this?
THE PRESIDENT: Can you give us any information as to that, Mr. Deputy Secretary General?
DEPUTY SECRETARY GENERAL: Last Friday we were informed that there was just one prepared from the defense center. That was Dr. Laternser's pertaining to defendant List. I have received no further information, sir.
THE PRESIDENT: And the Tribunal was informed there were four that were now completed. I understand that Dr. Laternser's was one of them. As to which of the others are included in the three, I am not able to ascertain.
Mr. Marshal, will you find out which of the translations are completed and inform me and the respective counsel without interrupting Dr. Laternser in his opening statement. Perhaps there are some of them that were just delivered here now.
DEPUTY SECRETARY GENERAL: These are German copies.